Legal Opinion
City of Cayce v. Norfolk Southern Railway Co.
Supreme Court of South Carolina
Decided February 7, 2011No. 26925PublishedCited by 6 opinions
1Opinion of the CourtChief Justice Toal
The City of Cayce (“City”) cited Norfolk Southern Railway Company (“Norfolk”) for violating a public nuisance ordinance, Cayce, S.C. Code § 28-251. The citation was based on the condition of one of Norfolk’s bridges that was covered with rust and graffiti. A municipal judge found Norfolk guilty of violating the ordinance. The circuit court reversed based on its determination the ordinance was preempted by federal law. The City appeals. We affirm.
Facts/Procedural Background
Norfolk is a corporation and common carrier of freight by rail. It operates trains in twenty-two states and has over…
2Cases cited24 opinions
- M'culloch v. State of MarylandSupreme Court of the United States · 1819
- Cipollone v. Liggett Group, Inc.Supreme Court of the United States · 1992
- Wyeth v. LevineSupreme Court of the United States · 2009
- Maryland v. LouisianaSupreme Court of the United States · 1981
- CSX Transportation, Inc. v. EasterwoodSupreme Court of the United States · 1993
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3Cited by6 opinions
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